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AGENCY TRACTS INTEREST AND LAND TRANSFER ACT, 1917

AGENCY TRACTS INTEREST AND LAND TRANSFER ACT, 1917

AGENCY TRACTS INTEREST AND LAND TRANSFER ACT, 1917

Preamble - AGENCY TRACTS INTEREST AND LAND TRANSFER ACT, 1917

[THE AGENCY TRACTS INTEREST AND LAND TRANSFER ACT, 1917][1]

[Act No. 01 of 1917]

[14th August, 1917]

PREAMBLE

An Act to regulate the rate of interest and the transfer of land in the Ganjam, Vizagapatam and Godavari Agency Tracts

Whereas it is expedient to limit the rate of interest and to check transfers of land in the Agency tracts of the Ganjam, Vizagapatam and Godavari districts; It is hereby enacted as follows:--

Section 1 - Short title

This Act may be called the Agency Tracts Interest and Land Transfer Act, 1917.

Section 2 - Definitions

In this Act unless there is anything repugnant in the subject or context--

(a)   "Agency tracts" means the scheduled districts as defined in Acts XIV and XV of 1874 and included within the districts of Ganjam, Vizagapatam and Godavari.

 

(b)   "Agent" means "Agent to the Governor" in the districts of Ganjam and Vizagapatam and "Government Agent" in the district of Godavari.

 

 

(c)   "hill tribe" means any body or class of persons resident in the Agency tracts (not being a landholder as defined in the Madras Estates Land Act, 1908) that may from time to time be notified as such for the purposes of the Act by the [Provincial Government][2].

 

(d)   "immovable property" does not include standing timber, growing crops or grass.

 

(e)   "prescribed" means prescribed by rules made under this Act.

 

(f)    "transfer" means mortgage with or without possession, lease, sale, gift, exchange or any other dealing with property not being a testamentary disposition and includes a charge or any contract relating to immovable property.

Section 3 - Section 3

[3][* * * * *]

Section 4 - Transfer of immovable property by a member of a hill tribe

(1)   Notwithstanding any rule of law or enactment to the contrary, any transfer of immovable property situated within the Agency tracts by a member of a hill tribe shall be absolutely null and void unless made in favour of another member of a hill tribe, or with the previous consent in writing of the Agent or of any other prescribed officer.

 

(2)   [4][Where a transfer of property is made in contravention of sub-section (1), the Agent or any other prescribed officer may, either on application by any one interested, or on his own motion, decree ejectment against any person in possession of the property claiming under the transfer and may restore it to the transferor or his heirs:

Provided that if the Agent or the prescribed officer is of opinion that the restoration of the property to the transferor or his heirs is impracticable, he may settle the property with another member of a hill tribe on such terms as he may think fit.

(3)   Subject to such conditions as may be prescribed, an appeal against a decree or order under sub-section (2) if made by the Agent shall lie to the Revenue Commissioner and if made by any other officer shall lie to the Agent or to any other officer specially empowered by the Provincial Government in this behalf.]

Section 5 - Suits against a member of a-hill tribe to be instituted in the Agency courts

Notwithstanding the provisions of any law to the contrary, every suit against a member of a hill tribe instituted after the commencement of this Act shall be instituted only in the Courts of the Agency tracts.

Section 6 - Attachment of immovable property

In execution of a money-decree against a member of a hill tribe, no immovable property owned by him within the Agency tracts shall be liable to be attached and sold except as and if prescribed.

Section 7 - Farming of rules

(1)   The [Provincial Government][5] may from time to time make rules[6] to carry out the purposes of the Act.

 

(2)   All rules made under this section shall be published in the [official Gazette][7] and, on such publication, shall have the same effect as if enacted in this Act.

Section 8 - Savings

(1)   This Act shall not affect transfers made or debts or liabilities incurred before the coming into force of this Act.

 

(2)   Nothing in this Act shall affect a landholder's right to proceed against the raiyat in accordance with the provisions of the Madras Estates Land Act, 1908 (Mad. Act I of 1908), or the first charge declared by section 5 of that Act, [8]* * * *.

 

(3)   [9][Notwithstanding anything contained in the Madras Estates Land Act, 1908 (Mad. Act I of 1908), no relinquishment of a holding or any part thereof by a raiyat who is a member of a hill tribe shall be valid unless after such relinquishment the land-holder either settles the holding or any part thereof, as the case may be, with another member of a hill tribe; or else retains it in his possession or settles it with a person who is not a member of a hill tribe after obtaining the written approval of the Agent or any other prescribed officer. Any relinquishment that is accepted in contravention of this sub-section shall be deemed to be a transfer of property in contravention of sub-section (2) of section 4.]

Section 9 - Penalty and Burden of Proof

(1)   [10][If any person who is not a member of a hill tribe is found in possession of immovable property in contravention of the provisions of this Act on or after the 1st day of March, 1948, such person shall, without prejudice to his liability for ejectment under sub-section (2) of section 4, be also liable to penalty for an amount not exceeding one hundred rupees per acre of such immovable property for each year or any part thereof during which his unlawful possession continues. Such penalty may be imposed by the officer decreeing ejectment under sub-section (2) of section 4 and shall be recoverable as an arrear of land revenue.

 

(2)   In any proceeding under this Act where the validity of the transfer or relinquishment of immovable property is called in question the burden of proving that such transfer or relinquishment was valid shall, notwithstanding anything contained in the Indian Evidence Act (I of 1878), lie on the transferee.]



[1] For Statement of Objects and Reasons, see Fort St. George Gazette, dated 10th October 1916, p. 953 For report of the Select Committee, see ibid, dated 27th February 1917, pp. 319-322. For the Bill as amended by the Select Committee, see ibid, of the same date, pp. 323-324. For Proceedings in Council, tee ibid, dated 9th January 1917, pp. 130-140, and ibid, dated 10th July 1917, pp. 1099-1124.

[2] Substituted by the A.O. for "G. in C."

[3] "Maximum interest that may be allowed as against a member of hill tribe" rep. by the Orissa Money Lenders Act, 1939 (Orissa Act III of 1939), s. 27.

[4] Substituted by the Agency Tracts Interest and Land Transfer (Orissa Amendment) Act, 1948 (Orissa Act II of 1948), s. 3, for the original sub-sections (2) and (3).

[5] Substituted by the A.O., for "G. in C."

[6] For rules made under this section, see Orissa L.S.R. & O., Vol. I, Pt. VIII and the Madras Local Rules and Orders, 1926, Vol. II, p. 483.

[7] Substituted by the A.O., for "Fort St. George Gazette".

[8] The words "or the provisions of the said Act regarding relinquishment of a holding by a raiyat" rep. by the Agency Tracts Interest and Land Transfer (Orissa Amendment) Act, 1948 (Orissa Act II of 1948), s. 4(a).

[9] Inserted by ibid, s. 4(b).

[10] Inserted by ibid, s. 5.